Which statement is true about clerks dismissing offenses for failure to maintain financial responsibility when the judge is on vacation?

• A. Clerks may dismiss the offense
• B. Clerks may not dismiss the offense
• C. Clerks may dismiss the offense only if the judge is on vacation
• D. Clerks may dismiss the offense with consent of the district attorney

Answer: (B)

Dismissing an offense is a decision that must come from the court, not from a clerk. Clerks handle administrative tasks and keep the docket, but they don’t have the authority to terminate charges. Even if the judge is on vacation, there isn’t a clerical power to dismiss—procedures would involve a substitute judge or other court-approved steps, not a clerical dismissal. Consent from the district attorney doesn’t grant clerks the authority to dismiss either; dismissal remains a judicial action. So the correct understanding is that clerks may not dismiss the offense, regardless of the judge’s absence or DA approval.